The Week Ahead
(April 24, 2023)

WA House - SB 5536 - Final Passage - Governor Jay Inslee - Sinking Ship

The Washington State Legislature adjourned sine die on Sunday, but failed to pass “a Blake fix bill” which would likely prompt the calling of a 30-day special session sometime before June 1st.

Here’s a look at cannabis-related policymaking events on the calendar in the week ahead.

Monday April 24th

At publication time, no cannabis-related policymaking events were scheduled.

Tuesday April 25th

WA Governor - Bill Action

On Tuesday, the Washington State Office of the Governor (WA Governor) planned to host a bill signing ceremony.

  • At publication time, the legislation selected for the Governor’s signing ceremony had not been announced.
  • Seven cannabis-related bills were passed by the Legislature during the 2023 regular session but had not yet been signed, vetoed, or partially vetoed by the Governor:
    • HB 1066 - “Making technical corrections and removing obsolete language from the Revised Code of Washington pursuant to RCW 1.08.025.”
    • HB 1563 - “Concerning arrest protections for the medical use of cannabis.”
    • HB 1772 - “Prohibiting products that combine alcohol and tetrahydrocannabinol.”
    • SB 5069 - “Allowing interstate cannabis agreements.”
    • SB 5080 - “Expanding and improving the social equity in cannabis program.”
    • SB 5367 - “Concerning the regulation of products containing THC.”
    • SB 5123 - “Concerning the employment of individuals who lawfully consume cannabis.”
  • Governor Jay Inslee may have another potential action on his mind given the failure of legislators to pass SB 5536 (“Concerning controlled substances, counterfeit substances, and legend drug possession and treatment”) on the final day of the 2023 regular session.
    • After Senators called for a conference committee on the legislation on Friday April 21st—very late in the regular session—democrats were alleged to have excluded republican conferees in devising revisions to the bill during the signing of the conference report on Saturday evening (video). Although republicans were happy with the elevation of the crime of knowing possession back up to a gross misdemeanor where Senators had situated it before passage to the House, they were newly unhappy with other provisions in the conference language including State pre-emption of local control over drug paraphernalia exchange. Representative Roger Goodman, who chaired the House policy committee which had pulled the crime back down to a misdemeanor where it had been situated the past two years, reluctantly lent his support to the conference report with some misgivings under the impression that further work would be pursued in future sessions.
    • On Sunday April 23rd, representatives brought up the divisive bill on controlled substances and the legislative scramble to respond to the State v. Blake decision in the early evening of sine die. Republican speakers were incensed about the bill which they viewed as offering more aspirational support for their districts than meaningful relief for what was framed as a “public health crisis” and “state of emergency.” A significant number of democrats spoke up against the increased criminalization in the conference language which they viewed as “doubling down” on the failed war on drugs which had damaged their communities enough. Democrats who supported the legislation warned that “chaos” and “defecation in the streets” would ensue if the bill was not passed as they expected local governments would implement their own drug possession ordinances leading to a “patchwork” of laws across the state, dividing neighborhoods.
    • While some believe everyone being unhappy is the mark of an effective compromise, in this circumstance the alliance of republican and disaffected democrat votes sank the bill 43-55. 15 democrats joined the unified republican bloc:
      • Representative Emily Alvarado
      • Representative Jessica Bateman
      • Representative Liz Berry
      • Representative Frank Chopp
      • Representative Beth Doglio
      • Representative Darya Farivar
      • Representative Mia Gregerson
      • Representative Nicole Macri
      • Representative Sharlett Mena
      • Representative Melanie Morgan
      • Representative Julia Reed
      • Representative Kristine Reeves
      • Representative Sharon Tomiko Santos
      • Representative Tarra Simmons
      • Representative Chipalo Street
    • In a Medium post following the adjournment of the legislature and the conclusion of the 2023 regular session, Governor Jay Inslee “noted that legislators left one important job undone, however. Legislators are up against a July 1 deadline to approve an urgently-needed ‘Blake fix’ that ensures drug possession isn’t decriminalized and also provides options for substance use treatment.” The article goes on to quote Inslee as saying, “I hope the successes of this session aren’t overshadowed by the way tonight ended with the failure of the Blake bill in the House. But what happened tonight was unacceptable. Decriminalization is not an option for me and it is not an option for the state of Washington. I expect legislators to deliver a solution.”
    • Inslee could demand that legislators continue working to devise “a solution” by calling for a 30-day special session or legislators could muster a super-majority and do so themselves.
      • The Guide to Lawmaking indicates, Special sessions can be called by the Governor or the Legislature and often are held to deal with fiscal matters. There is no limit to how many special sessions can be called but each special session is 30 days. The legislature may adjourn before the 30th day is [sic] their business is complete. Almost all special sessions are called by the Governor and occur when they issue a proclamation. For the Legislature to call a special session, a two-thirds vote is required in both chambers.”

WSLCB - Board Caucus

On Tuesday at 10am PT, the weekly Washington State Liquor and Cannabis Board (WSLCB) Board Caucus was scheduled to recur.

WA HCA - DBHR Listening Session

On Tuesday at 1:30pm PT, the monthly Washington State Health Care Authority (WA HCA) Division of Behavioral Health and Recovery (DBHR) Behavioral Health Service Provider Listening Session was scheduled to recur.

  • [ Event Details ]
  • Leadership of the WA HCA might have perspectives to offer on the failure of SB 5536 as the Authority was the leading agency envisioned to continue the expansion of a behavioral health approach to treatment and recovery of individuals designated as having substance use disorders in the legislation which earmarked more than $250M for implementation.

Wednesday April 26th

WSLCB - Board Meeting

On Wednesday at 10am PT, the bi-weekly WSLCB Board Meeting was scheduled to recur.

Thursday April 27th

At publication time, no cannabis-related policymaking events were scheduled.

Friday April 28th

At publication time, no cannabis-related policymaking events were scheduled.